Can you transfer a mortgage between family members without consulting a lender?

It really depends on your scenario, so without all the details, it's hard to answer, however.. if for example, you inherit a home, then you can add your name to the title and it will not trigger a due on sale clause.. Also, if you add your name to the title without removing the original note holders, you would be ok with most lenders.. however if you remove the original borrower(s), and add your name to the title, it could trigger a due on sale. Most lenders don't really care so long as the payment is being paid on time, however there is no guarantee that the lender will not call the note due, since they have a contractual agreement allowing them to do so if the agreement is broken, so for this reason, I would recommend you ask a real estate attorney familiar with California RE laws.. .. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Any family member, or any other person for that matter, can take over payment of a mortgage "subject to", but that does not relieve the responsibility for payment from the original borrower. If ownership title changes, this may violate the "due on sale" clause, which could result in acceleration of the loan, which requires the laon to be paid off immediately.

You can not "transfer" your mortgage, your family member can make payments to the bank and as long as the bank receives the payments timely they would have no reason to look into your payment history. However if you title yourself off the property you could cause and acceleration of your mortgage if it no longer remains your primary residence. You will be financially responsible for the mortgage regardless of who you authorize to make the payments. The mortgage will remain on your credit and in your name until the mortgage is paid off or refinanced into another person's name. Your best option is to have your family member qualify to purchase and or refinance the home into their name. Depending upon how old you mortgage currently is you might have an "assumption" clause where someone could apply to take over your current mortgage and terms. This type of "assumption clause" is not common in the current market but you might want to read through your mortgage note to confirm.

Dave Metsker is correct. This is risky but most lenders do not actively look for reasons to accelerate a loan as long as they are being paid timely.Some good "lender" options... If the existing mortgage is an FHA, VA or USDA loan, the other party, family or not, may be able to assume the mortgage thereby releasing the original borrower(s) from liability. This is NOT a refinance and does not change the original mortgage terms. The new borrower(s) must qualify and intend to occupy the property. Contact your existing lender for assumption process.Most refinance loans also allow for removal and addition of borrowers but usually require at least one original borrower to continue. This is a new loan that totally replaces the old loan. The borrowers liable for the mortgage and the people on title to the property are not required to be the same. You can have non-owner borrowers and/or non-borrower owners. Any lender can help with this.OneRay

Dave answered perfectly

As what everyone else said, Dave's answer is perfect.

Officially no... You can not just transfer a mortgage. Some loans do allow for an assumption of the existing loan, but that is only some loans, and would require working with the existing lender. What are looking to achieve? We might be able to give you a better answer if we understand what you are looking to do.

Not really, What your question suggests is changing the vesting of the note holder and that requires a loan, which involves the lender, to do so. Other than that, it would be as the others suggest changing the Note to a "Subject To" which can trigger the "Due on Sale Clause" and NO MATTER what anyone - including Einstein Real Estate Attorney to consult otherwise - Lenders to excerise that clause if they want to. I know of 2 people that have it happened and one of them had 12 properties it was exercised on just this year. He was served with Legal Notice that ALL those notes became Due within 30 days. Check several voices of advice before you act.